Summary: The Senior Investigator annulled the Department's decision in this case. He directed the release of the records subject to the redaction of a small amount of personal information from two of the records under section 37(1).
Date: 14-06-2019
Case Number: 180309
Public Body: Department of Employment Affairs & Social Protection
Section of the Act.: s.37, s.37(2), s.35, s.36
Summary: The Senior Investigator varied UCC's decision. She found that it was justified in refusing access to the majority of the records under sections 30 and 37 of the FOI Act. She found that it was not justified in refusing the request insofar as it relates to the remaining records and directed their release.
Date: 13-06-2019
Case Number: 190032
Public Body: University College Cork
Section of the Act.: s.29, s.30, s.37
Summary: The Senior Investigator affirmed the decision of the Department to refuse the request under section 15(1)(a) of the FOI Act.
Date: 13-06-2019
Case Number: 190084
Public Body: Department of Employment Affairs and Social Protection
Section of the Act.: s.15, s.15(1)(a),
Summary: The Senior Investigator found that the Defence Forces had not justified its decision. She annulled the decision to refuse access to the record under section 36 and directed the Defence Forces to release the record.
Date: 12-06-2019
Case Number: 190066
Public Body: Defence Forces Ireland
Section of the Act.: s.36, s.36(1)(b),
Summary: The Senior Investigator affirmed the decision of TUSLA.
Date: 11-06-2019
Case Number: 190117
Public Body: TUSLA: Child and Family Agency
Section of the Act.: s.37
Summary: The Senior Investigator affirmed the decision of TUSLA.
Date: 07-06-2019
Case Number: 190076
Public Body: TUSLA: Child and Family Agency
Section of the Act.: s.15, s.15(1)(c),
Summary: The Senior Investigator affirmed the decision of the HSE. He found that it was justified in refusing access to the information at issue under section 37(1) on the ground that release of the information would involve the disclosure of personal information relating to third parties.
Date: 07-06-2019
Case Number: 190100
Public Body: Health Service Executive
Section of the Act.: s.37, s.37(1),
Summary: The Senior Investigator annulled the Department?s decision and directed the release of the records to the applicant, subject to the redaction of parts of the records that do not fall within the scope of the review. She found that the Department was not justified in refusing access to the records under sections 29, 31, 32, 36 or 42 of the FOI Act.
Date: 06-06-2019
Case Number: 190017
Public Body: Department of Education and Skills
Section of the Act.: s.29, s.31, s.32, s.36, s.42
Summary: The Senior Investigator annulled the Council's decision. Based on the particular circumstances of this case, she found that the records are exempt under section 36(1)(b) of the FOI Act and that, on balance, the public interest would be better served by refusing the request.
Date: 31-05-2019
Case Number: 190064
Public Body: Kildare County Council
Section of the Act.: s.36, s.36(1)(b), s.38
Summary: The Senior Investigator affirmed the Department's decision. She found that section 15(1)(a) applied to some records on the basis that they do not exist or cannot be found after reasonable searches have been carried out. She found that section 37(1) applied to the rest of the records on the basis that they contain the personal information of individuals other than the applicant and/or personal information of third parties inextricably linked to information about the applicant's herd number. She found that the public interest in granting access to such records was outweighed by the public interest in upholding the right of privacy.
Date: 31-05-2019
Case Number: 190011
Public Body: Department of Agriculture, Food and the Marine
Section of the Act.: s.15, s.15(1)(a), s.37, s.37(1),